Why do we need it? - The MDU
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Medico-legal helpline

0800 716 646

Why do we need it?

Traditionally, clinical negligence claims have been made against individual healthcare professionals. Where a healthcare professional is employed or engaged by a company and where the patient referral is organised through the company, it is increasingly likely that a claim may be made against the company itself, instead of, or as well as, the individual healthcare staff involved in the treatment. 

The legal position for a company differs to a partnership. Unlike a partnership, a company is a separate legal entity. In the event of a clinical negligence claim, a company as well as its individual staff could be sued. 

If a patient thinks they have suffered negligence, not only can they take action against the dental or medical professional who treated them, but also the company. Who can you turn to if your company is sued for clinical negligence? 

We can help you consider your corporate risk and defend your organisation against claims that arise from its practise. 

A company may be held liable for a range of failings, including: 

  • the poor performance or conduct of individual staff and sub-contractors, particularly employees who do not usually have their own professional indemnity
  • inadequate practice systems and procedures such as patient referrals, infection control, data protection, follow up on tests conducted
  • poor quality training and lack of regular assessment of staff
  • failure to properly investigate complaints or patient safety concerns.

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